Mutschler Kitchens of Chicago, Inc. v. Wineman

This is an appeal from an order granting the amended motion of defendants Nick J. Brown and Mary L. Brown to dismiss as to them plaintiff’s complaint to foreclose a mechanic’s lien. We reverse.

The issues presented for review are: (1) whether the trial court properly considered an affidavit and documents attached to defendants’ motion; (2) whether the Browns were “purchasers” as contemplated by section 7 of the mechanics’ liens act (Ill. Rev. Stat. 1977, ch. 82, par. 1 et seq.) or purchasers pendente lite; and (3) whether it was necessary for plaintiff to allege the filing of a claim for a…